https://www.taxtmi.com/caselaws?id=244283 A revised price declaration filed after clearance of goods operates only prospectively and cannot reopen the duty position for earlier removals. Where the assessee did not seek provisional assessment, the original duty basis remains in place for the cleared goods. Post-clearance credit notes do not, by themselves, rebut the statutory presumption of unjust enrichment under section 12B of the Central Excise Act, 1944, because duty incidence is treated as having been passed on at the time of clearance. On that reasoning, refund under section 11B is not available on the strength of a retrospective price revision alone. en-us Mon, 30 Sep 2013 00:00:00 +0530 Sat, 22 Feb 2014 17:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=244283 A revised price declaration filed after clearance of goods operates only prospectively and cannot reopen the duty position for earlier removals. Where the assessee did not seek provisional assessment, the original duty basis remains in place for the cleared goods. Post-clearance credit notes do not, by themselves, rebut the statutory presumption of unjust enrichment under section 12B of the Central Excise Act, 1944, because duty incidence is treated as having been passed on at the time of clearance. On that reasoning, refund under section 11B is not available on the strength of a retrospective price revision alone. Case-Laws Central Excise Mon, 30 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=244283